‘And Pilate called together the chief priests and the rulers and the people, and said unto them, “You brought to me this man, as one who perverts the people, and behold, I, having examined him before you, found no fault in this man touching those things of which you accuse him, no, nor yet Herod. For he sent him back to us, and behold, nothing worthy of death has been done by him. I will therefore chastise him, and release him.” '
Jesus having been returned to him by Herod, Pilate again made his appeal to the chief priests (who would also have returned), the lay rulers and gathered crowds. He pointed out that Jesus had been thoroughly examined, both by himself and Herod, and had been found innocent on all charges. There were in fact no grounds for putting Him to death. His verdict therefore was that Jesus be lashed as a matter of course, a reminder that He should behave whether guilty of not, and then set free. Acts 23:9; Acts 26:31 ff may point to the fact that legal language is being used here.
He in fact probably based more faith in their willingness to take notice of Herod than was justified. To him Herod was a Jewish king. To the chief priests and Scribes he was an outsider thrusting himself on the Jews.
The lashing of a prisoner after trial, even when found innocent, was a regular occurrence. It was intended to make him think twice about being brought before the court again, and a warning to avoid the attention of the authorities.
‘And the people.' The continuing reference to the people is intending to bring out the guilt of the whole unbelieving Jewish people with regard to Jesus' death. Judaism had rejected Jesus. It was, of course, here only a small section of the people, and not at all representative, certainly excluding the many who believed on Him. But in Acts the division between those who believed and those who did not will be made clear, and in Luke's eyes this crowd represented those who finally refused to believe, a position exemplified in Acts 12.
‘I, having examined him before you, found no fault in this man.' Compare Luke 23:4; Luke 23:22 ' Joh 18:38; John 19:4; John 19:6. The continual repetition of Jesus' faultlessness suggests that Luke wants us to see a comparison with the Servant in Isaiah 53:9. It would also indicate to his readers that although He had been crucified, it was not because of any crime that He had committed.